Munz v. Prestwick Press, Inc.

Full title: WALTER MUNZ, Appellant, v. PRESTWICK PRESS, INC., Respondent

Court: Court of Appeals of the State of New York

Date published: Jun 19, 1974

34 N.Y.2d 847 (N.Y. 1974)

359 N.Y.S.2d 66

316 N.E.2d 347

Opinion

Argued May 3, 1974

Decided June 19, 1974

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES R. THOM, J.

Edward J. McNenney for appellant.

Thomas Grimes and John D. Kelly for respondent.

Order reversed, with costs, and the case remitted to the Appellate Division for further proceedings in accordance with the following memorandum: A question of fact was presented as to whether the defendant's foreman directed the plaintiff to use the ladder which caused the injury, in which case the defendant would be liable for the injury resulting from the use (Labor Law, § 240; cf. Duda v. Rouse Constr. Corp., 32 N.Y.2d 405). The case is remitted to the Appellate Division for determination of questions of fact, if any, raised in that court. (CPLR 5612, subd. [a]; 5613; 5712.)

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.